121
CurrentReducing penalty amounts and literary proceeds amounts to take account of tax paid
Part 5Other confiscation orders
Division 3Matters generally applicable to orders under this Part
Subdivision 3Reducing pecuniary penalty amount or literary proceeds amount
121 Reducing penalty amounts and literary proceeds amounts to take account of tax paid
(1)
A court making a pecuniary penalty order that relates to proceeds of a serious offence, or a literary proceeds order, against a person under this Part must reduce the penalty amount or literary proceeds amount under the order by an amount that, in the court's opinion, represents the extent to which tax that the person has paid is attributable to the benefits or literary proceeds (as the case requires) to which the order relates.
(2)
The tax may be tax imposed under a law of the Commonwealth, a State, a
Territory or a foreign country.
This Act’s bill:Second reading speech
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